January 03, 2003

Dr. Jack Holladay Files $2,000,483 Bankruptcy to Escape a $750,000 Judgment

On January 7, 2003 Dr. Jack Holladay filed a Chapter 7 Bankruptcy petition in the amount of $2,000,483.19 in order to escape a $750,000 judgment that was awarded to Houston Eye Associates P.C., in a lawsuit for Breech-of-Contract.  Court documents show that the bankruptcy court trustee filed complaints against Dr. Jack Holladay for fraud and perjury.

Chapter 7 Bankruptcy Petition (Adobe PDF)

Bankruptcy Trustee's Complaint Against Dr. Jack Holladay (Adobe PDF)  (HTML)

Pursuant to 11 U.S.C. 727(a)(2) Debtor should be denied a discharge because Debtor has, with the intent to hinder, delay or defraud a creditor or an officer of the estate charged with custody of property under this title, transferred, removed, destroyed, mutilated or concealed property of the Debtor within one year of the date of filing bankruptcy as set forth above.

. . . . . . . . . .

On April 29, 2003, Debtor knowingly and fraudulently made false oaths when Debtor testified that his Schedules were true and correct. It was only when Mrs. Holladay admitted that Debtor owns a number of significant assets he did not identify in his Schedules which he signed under penalty of perjury, and provided information that other assets were likely significantly undervalued.  

. . . . . . . . . .

Debtor knowingly and fraudulently signed and executed his Schedules that excluded a number of items of substantial value and otherwise contained incorrect information. Debtor further made false oaths at the 341 Meeting of Creditors when he testified that his Schedules were true and correct and when he testified that his Schedules were true and correct and when he testified under oath that everything at his Bellaire home was about eleven years old and he had nothing there of any value.

Bankruptcy Trustee's Amended Complaint Against Dr. Jack Holladay (Adobe PDF)

Creditor's Motion for Sanctions (Adobe PDF)

Debtor is a renowned eye surgeon who makes in excess of $400,000 per year.  Despite his large income and two estate homes, Debtor has listed only approximately $8,000 in property on his schedules.  As HEA discovers more assets, Debtor has amended his schedules.  As HEA delves into further financial information relevant to its objection to exemptions and objection to discharge, Debtor's counsel has engaged in tactics designed to intimidate and impede HEA and its counsel.  As set forth in more detail below, Debtor's counsel's misconduct consists of verbal and physical threats and actions, failure to produce documents, as well as the filings of groundless pleadings.

. . . . . . . . . .

Mr. Cavalier has engaged in intimidation tactics and unconscionable behavior in this case.  Mr. Casvalier has threatened HEA's counsel, as well as two separate court reporters reporting depositions for HEA.

. . . . . . . . . .

HEA's counsel was afraid of what Mr. Cavalier would do once they were off the record based on his prior express threats and violence eruptions.  Ms. Ann Shea, the court reporter for Dr. Janes' examination, did not believe that she could accomodate HEA's counsel's request.  Accordingly, there was a standoff with HEA's counsel afraid to go off the record with Mr. Cavalier still in the middle of a rage.

. . . . . . . . . .

Based upon Mr. Cavalier's blatant threats against HEA's counsel made on the record and his even more egregious behavior off of the record, HEA requests that all further depositions in this case be taken at the United States Federal Courthouse with either a U.S. Marshall or court appointed magistrate present, with all costs to be borne by Mr. Cavalier.

Bankruptcy Trustee's Objections to Exemptions (Adobe PDF)

Creditor's Objections to Exemptions (Adobe PDF)

Apart from the expensive personal trainer ($280/week), the tennis lessons, the neck massages and the $140 haircut and color, Debtor spent a great deal of money on expensive clothing, jewelry and other luxuries in the weeks before declaring bankruptcy. Debtor claims that he owns clothing worth only $2,000. However, his dry cleaning bill for the three months pre-petition was approximately equal to this amount. In a three-day period, from March 12, 2003-March 15, 2003, Debtor spent more than $2,000.00 on undergarments and clothing at Saks Fifth Avenue and almost $400.00 at Fendi. More than $2,000 was spent at Banana Republic and Ann Taylor for clothing during this three month time period. The Debtor claims to own only $2,500.00 in furs and jewelry, but spent almost half that amount on a single piece of jewelry from Tiffany's on February 8, 2003. Debtor is a member of four country clubs, but doesn't list any golf clubs or golf carts on his schedules.

Daimler Chrysler Demands that Dr. Jack Holladay Return a Mercedes Benz  (Adobe PDF)

Posted by Admin at January 3, 2003 10:37 PM